It is the intent of the Town Board of the Town
of Southport in adopting this article to establish minimum requirements
for the Planning Board and Zoning Board of Appeals, with regard to
terms of office, training, attendance and attention to Town Law and
Case Law in the State of New York. In this way, the Town Board will
ensure that the Lay Boards appointed by the Town Board will appropriately
address and manage development and the Town Board will appropriately
address and manage development in the Town.
Notwithstanding the forgoing, the failure of
a member of the Planning Board or Zoning Board of Appeals to attend
the required percentage of meetings or obtain such training shall
not affect said person's appointment to serve on such Board, to entertain
applications, to vote on such applications, or the validity of such
members' actions.
The Chairperson of the Planning Board and/or
Zoning Board of Appeals shall notify the Town Board in writing on
or about December 1 in any year, or at any other time if warranted,
of any member who fails to comply with the minimum requirements for
meeting attendance and/or training in any calendar year. In the event
a member of the Planning Board has failed to complete the minimum
attendance and/or training requirements set forth in this article,
then the Town Board may remove such member for cause as herein provided:
A. Notice. Such members shall be mailed a written notice
specifying the nature of the failure of such member to meet the minimum
requirements regarding training and attendance.
B. Public hearing. Such notice shall specify a date,
not less than 10 nor more than 30 days from the date of mailing such
notice, when the Town Board shall convene and hold a public hearing
on whether or not such member should be removed from service on such
Board. Such notice shall also specify the time and place of such hearing.
C. Public notice. Public notice of such hearing shall
be published in a paper of general circulation within the Town at
least 10 days prior to the date of the public hearing.
D. Conduct of hearing. The public hearing on the charges
shall be conducted before the Town Board. The member shall be given
an opportunity to present evidence and to call witnesses to refute
the charges. A record of such hearing shall be made. The decision
of the Town Board shall be reduced to writing, together with specific
findings of the Town Board with respect to each charge against such
member. Findings shall be filed in the Town Clerk's office and mailed
to the member within five business days of such filing by certified
mail, return receipt.
E. Action by the Town Board. Following the hearing and
upon a finding that such member has not met the minimum attendance
and/or training established by this article, the Town Board may:
(1) Remove such member from the Board; or
(2) Issue a written reprimand to such member without removing
such member from such Board; or
(3) If the Town Board shall find that the reasons for
failing to meet the minimum meeting attendance and/or training requirements
are excusable because of illness, injury or other good and sufficient
cause, the Town Board may elect to take no action.
F. Nothing contained herein shall be deemed to limit
or restrict the Town Board's authority to remove a member from the
Planning Board or Zoning Board of Appeals for cause (i.e., for other
than the reasons enumerated herein). The procedural rules established
under this section shall govern any hearing to remove a member for
such cause.